34A-16-1. Creation of a regional recycling and waste management district. Any municipality, county, or portion of a county within this state and any one or more other municipalities, counties, or portions of counties within this state may create a regional recycling and waste management district, which may provide facilities and services pursuant to this chapter […]
34A-16-10. Reduction in size of district. A regional recycling and waste management district may be reduced in size if the governing body of a county or municipality submits to the district a resolution requesting release of a specified area from the district and the board of commissioners of the district adopts a resolution consenting to […]
34A-16-11. Expansion or reduction in size–Certified copy of governing resolution. If a regional recycling and waste management district is expanded or reduced in size pursuant to §34A-16-9 or 34A-16-10, the district shall forward to the secretary of state a certified copy of each resolution adopted by the board of commissioners governing the expansion or reduction. […]
34A-16-12. County or municipality cooperation in the planning, construction, or operation of solid waste facilities. For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of solid waste facilities pursuant to this chapter, any county or municipality included in a district may, upon such terms, with or without consideration, as it […]
34A-16-13. County or municipality contracts with district for provision of waste facilities and services–Terms. Any county or municipality may enter into a contract for any term of years not to exceed ten years as the governing body may determine with any regional recycling and waste management district for provision by the district of solid waste […]
34A-16-14. Powers of district. A regional recycling and waste management district is hereby granted all powers necessary or convenient to perform its duties, including the ability to enter into any contract necessary or proper for the exercise of its powers or the accomplishment of its purposes. Source: SL 1993, ch 259, §14.
34A-16-15. District’s capacity to sue or be sued. A district may sue and be sued, and is a public corporation and political subdivision of the State of South Dakota. Source: SL 1993, ch 259, §15.
34A-16-16. District’s interest in real or personal property. A district may acquire by purchase, lease, condemnation, gift, or grant, any right, title, and interest in and to any real or personal property deemed necessary for the exercise of its powers or the accomplishment of its purposes, including easements. Any public agency as defined in §1-24-1 […]
34A-16-17. Application and acceptance of gifts, grants, or loans. The district may apply for and accept gifts, loans, or other property from the United States, the state, any public agency as defined in §1-24-1, or any person for any of its purposes, may enter into any agreement required in connection therewith, and may hold, use, […]
34A-16-18. Use of real or personal property–Tax exemption–Special assessments. Any real or personal property owned, leased, used, or occupied by the district for any authorized purpose is acquired, owned, used, and occupied for public and governmental purposes, and is exempted from taxation by the state or any political subdivision of the state. However, those properties […]
34A-16-19. Power to contract for operation and improvement of facilities. The district may construct, equip, develop, enlarge, improve, and operate solid waste facilities and services as it deems necessary and may negotiate contracts for the use of public or private facilities and services. The district may contract with any person, municipality, county, or other district […]
34A-16-2. Notice of public hearing. No county or municipality may adopt a resolution authorized by §34A-16-1 or 34A-16-9 without a public hearing on the resolution. Notice of the hearing shall be given at least ten days before the hearing in the official newspapers of the county or municipality. Any resolution authorized pursuant to §34A-16-1 or […]
34A-16-20. Establishment and collection of general rates and charges–Public hearing required–Publication of notice. The district may establish and collect general rates and charges for the generation of solid waste and for the facilities and services provided by the district and may negotiate and collect payments for facilities and services contracted by the district. Before establishing […]
34A-16-21. Manner of billing and collecting–Discontinuance of service. The rates and charges may be billed and collected in a manner the board shall determine. The board may impose a fee as a deposit for the service provided by the district. The district may, with notice, discontinue service to any person who fails to pay for […]
34A-16-22. Incentives to reduce waste and separate recyclable materials. A regional recycling and waste management district may: (1)Charge or require any person who collects solid waste in the district to charge solid waste generators rates for collection or disposal that vary depending on the volume or nature of waste generated and the potential for encouraging […]
34A-16-23. Disposal of products and energy produced. The district may use, sell, or otherwise dispose of all of the products and energy produced by its facilities under such terms as the board of commissioners may determine. Source: SL 1993, ch 259, §25.
34A-16-24. Joint-powers agreements. The district may enter into joint-powers agreements under the provisions of chapter 1-24, or any other law providing for joint or cooperative action between public agencies or Indian tribes. Nothing in this chapter limits the powers of any county or municipality to create separate entities under joint-powers agreements pursuant to chapter 1-24. […]
34A-16-25. Authorized activities. The district may conduct research studies and programs, collect and analyze data, prepare reports, maps, charts, and tables and conduct all necessary hearings and investigations in connection with its work and may advise and assist other government units on planning matters within the scope of its powers, duties, and objectives. Source: SL […]
34A-16-26. Insurance. The district may require any employee to obtain and file with it an individual bond or fidelity insurance policy. It may procure insurance in amounts it deems necessary to insure against liability of the district, the board of commissioners or employees, for personal injury or death and property damage or destruction, and against […]
34A-16-27. Purchases. The provisions of chapter 5-18A apply to purchases by the district. Source: SL 1993, ch 259, §29; SL 2011, ch 2, §142.
